Marat Ganiev, Eyal Yaffe: Defence call for Isla Bell’s death court case to be thrown out
Lawyers acting for a man accused of murdering a teenager have asked for the case to be dismissed, arguing murder cannot be proven.
Marat Ganiev, 54, was charged with murder last November after the body of missing teenager Isla Bell was found in a garbage truck at a waste management facility.
The 19-year-old went missing in early October, with police alleging she was murdered at Mr Ganiev’s St Kilda flat shortly after midnight on October 7.
Mr Ganiev then allegedly enlisted 58-year-old Eyal Yaffe to help remove his body in a refrigerator, which was then stored at various locations around Melbourne.
Mr Yaffe was charged with criminal aid (murder) and attempted to pervert the course of justice.
On the third day of a commitment hearing, where a magistrate will decide the case will not go to trial, Mr Ganiev’s lawyer, Sally Flynn KC, asked for the case to be dismissed.
“Our recommendation is, quite simply, that the prosecution cannot prove that this was a killing as opposed to an accidental or other death by drug use,” he said.
The presentation comes a year and a day after Ms Bell was allegedly murdered.
Ms Flynn gave evidence from experts who examined Ms Bell’s body could not rule out that she died from a drug overdose or that her injuries occurred after her death.
The cause of Ms Bell’s death could not be determined due to the severe decomposition in which her remains were found, the court was told.
Forensic pathologist Hans De Boer could not rule out injuries to Ms Bell after her remains were retrieved in a garbage truck, Flynn argued.
“The prosecution needs to exclude all reasonable hypotheses consistent with innocence, and they cannot do that in our presentation,” he said.
“Your honor must use force under Section 141 of the Code of Criminal Procedure to bring the accused to task at this stage.”
Mr Yaffe’s barrister, Ian Hill KC, repeated the submissions.
The trial continues.
